This has got to be one of the most ridiculous decisions I’ve ever read from the Landlord and Tenant Board. An Order refraining a tenant from assaulting other tenants for 12 months.
In file number TSL-16589 the landlord applied to the Board to have the tenant evicted and the tenancy terminated because the tenant seriously impaired the safety of other tenants.
The Adjudicator determined that the tenant seriously impaired the safety of other tenants by assaulting other tenants in the residential complex.
He also determined that it would not be unfair to grant relief from eviction under conditions.
The conditions are that the tenant shall not assault anyone in the residential complex for a period of 12 months. After 12 months I guess he’s free to start assaulting his neighbours again. Then the landlord has to start all over again.
This tenant has mental and physical disabilities and landlords are supposed to do everything to accommodate people with disabilities to the point of undue hardship. I guess the landlord didn’t get close enough to bankruptcy on this one.
You can read this decision by CLICKING HERE.
What’s even crazier is they have highlighted this case in their 2008 -2009 annual report.
I wonder how many landlords realize they have to go to the point of undue hardship if they happen to rent to a tenant with disabilities. Is this requirement going to make landlords shy away from renting to people with disabilities.
Tuesday, April 6, 2010
Thursday, March 25, 2010
The Tenant From Hell Update # 1
They went to another lawyer and told the same lies. Got a letter from the Investigation and Enforcement Unit demanding we reconnect the electricity to the unit. If the tenant is responsible to pay the hydro bill and they don’t pay it the landlord is not withholding a vital service.
She filed an application that we withheld a vital service, illegally entered the rental unit and interfered with her lawful enjoyment. It was the tenant not paying the hydro bill that led to it being disconnected, not the landlord. She changed the locks 5 months ago without our consent and has never given us keys so how could we enter the unit illegally?
We can’t file through the Landlord and Tenant Board anymore because they are no longer in possession of the rental unit because of a fire caused by their negligence. Now it’s a Small Claims Court case. Effective January 1 2010 the amount you can sue for was raised to $25,000.00 from $10,000.00.
$25,000.00 won’t cover the arrears and replacing the mobile home. Not that it matters, you can’t garnishee a welfare or a disability cheque.
The Board hearing at the end of the week is a moot point. She can’t win. If you want a roof over your head you pay your rent/mortgage. If you want the light to come on when you turn on the switch you pay your hydro bill. If you want to be able to make and receive phone calls you pay your phone bill. It’s not rocket science.
She filed an application that we withheld a vital service, illegally entered the rental unit and interfered with her lawful enjoyment. It was the tenant not paying the hydro bill that led to it being disconnected, not the landlord. She changed the locks 5 months ago without our consent and has never given us keys so how could we enter the unit illegally?
We can’t file through the Landlord and Tenant Board anymore because they are no longer in possession of the rental unit because of a fire caused by their negligence. Now it’s a Small Claims Court case. Effective January 1 2010 the amount you can sue for was raised to $25,000.00 from $10,000.00.
$25,000.00 won’t cover the arrears and replacing the mobile home. Not that it matters, you can’t garnishee a welfare or a disability cheque.
The Board hearing at the end of the week is a moot point. She can’t win. If you want a roof over your head you pay your rent/mortgage. If you want the light to come on when you turn on the switch you pay your hydro bill. If you want to be able to make and receive phone calls you pay your phone bill. It’s not rocket science.
Thursday, March 11, 2010
The Tenant From Hell
We have been forced to deal with the tenant from hell for almost a year now. I’ll call her Evil Sheila to simplify things here.
We’ve heard every imaginable excuse out of her as to why she can’t pay her rent again this month, her cheque is late, her cheque was lost, they put a hold on her cheque, welfare put a hold on her cheque until her disability goes through. It’s an endless spewing of B.S.
Her first hydro bill was almost $650.00. She refuses to pay it. She contacted one of those free lawyers that think all tenants are perfect and all landlords are bad. We got a threatening letter from this lawyer. When Evil Sheila was asked about the lies she told this lawyer the Evil One denied contacting the lawyer. She then wanted us to hire her so she could pay her rent. We rented her a place to live, we are not required to give her a job as well. A letter was faxed to her lawyer detailing the inaccuracies (lies) in the Evil One’s statements. Never did hear back from her.
With rental arrears of $2,500.00 we served her the N4 giving her 14 days to pay in full or get out. She did neither so we file our L1, paid the $170.00, got our hearing date, served the Evil One her Notice of Hearing. At the hearing she denied getting the N4. Despite our evidence to the contrary, that she was in fact served the N4, we had to start the whole process over again. I quickly filled out the N4 and gave it to her right in front of the Adjudicator with the comment “deny getting served this one.”
She now owes close to $2,000.00 for hydro. This won’t be going up any except for interest because we disconnected her for non payment. That was March 1st, on the second they had a generator hooked up, that they wired into the panel box themselves. Neither her nor her boyfriend are electricians so it’s a fire hazard. They can afford to rent/buy a generator and put $20.00 worth of gas in it a day but they can’t afford to pay their rent or hydro.
There are 2 wood stoves in her trailer. It’s between 80 and 90 degrees in there. She’s also running 3 space heaters, 2 old fridges, a washer and dryer, and feels the need to turn on the oven as hot as it will go and leave the door open. She never turns lights off, her Christmas lights outside are on 24/7 and she wonders why her hydro bill is so high. Duh!! I guess you are stupider than I first gave you credit for.
No money for rent or hydro but they always have a fridge full of beer and a wine rack with at least 10 bottles in and another 5 or 6 bottles of other alcohol on top of the bar. They are in the local bar drinking every day. They eat in restaurants most of the time, probably because she thinks the oven is a furnace not something you would use to cook on.
Her lies at the Board Hearing, and the adjudicator taking her side have given her at least one more month to live without having to pay her rent.
We’ve heard every imaginable excuse out of her as to why she can’t pay her rent again this month, her cheque is late, her cheque was lost, they put a hold on her cheque, welfare put a hold on her cheque until her disability goes through. It’s an endless spewing of B.S.
Her first hydro bill was almost $650.00. She refuses to pay it. She contacted one of those free lawyers that think all tenants are perfect and all landlords are bad. We got a threatening letter from this lawyer. When Evil Sheila was asked about the lies she told this lawyer the Evil One denied contacting the lawyer. She then wanted us to hire her so she could pay her rent. We rented her a place to live, we are not required to give her a job as well. A letter was faxed to her lawyer detailing the inaccuracies (lies) in the Evil One’s statements. Never did hear back from her.
With rental arrears of $2,500.00 we served her the N4 giving her 14 days to pay in full or get out. She did neither so we file our L1, paid the $170.00, got our hearing date, served the Evil One her Notice of Hearing. At the hearing she denied getting the N4. Despite our evidence to the contrary, that she was in fact served the N4, we had to start the whole process over again. I quickly filled out the N4 and gave it to her right in front of the Adjudicator with the comment “deny getting served this one.”
She now owes close to $2,000.00 for hydro. This won’t be going up any except for interest because we disconnected her for non payment. That was March 1st, on the second they had a generator hooked up, that they wired into the panel box themselves. Neither her nor her boyfriend are electricians so it’s a fire hazard. They can afford to rent/buy a generator and put $20.00 worth of gas in it a day but they can’t afford to pay their rent or hydro.
There are 2 wood stoves in her trailer. It’s between 80 and 90 degrees in there. She’s also running 3 space heaters, 2 old fridges, a washer and dryer, and feels the need to turn on the oven as hot as it will go and leave the door open. She never turns lights off, her Christmas lights outside are on 24/7 and she wonders why her hydro bill is so high. Duh!! I guess you are stupider than I first gave you credit for.
No money for rent or hydro but they always have a fridge full of beer and a wine rack with at least 10 bottles in and another 5 or 6 bottles of other alcohol on top of the bar. They are in the local bar drinking every day. They eat in restaurants most of the time, probably because she thinks the oven is a furnace not something you would use to cook on.
Her lies at the Board Hearing, and the adjudicator taking her side have given her at least one more month to live without having to pay her rent.
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